Page 21 - TPA Journal March - April 2018
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Appellant was disabled. Appellant guilty of aggravated assault with a
deadly weapon. Appellant appealed his convic-
(The State alleged that Appellant intentionally or tion to the Second Court of Appeals, asserting
knowingly threatened Khan with imminent bodi- that he should have received a self defense
ly injury.) instruction. The court of appeals agreed with
Appellant:
On the night in question, she and Appellant had
gone out to dinner with friends and then to a Viewing the evidence in the
dance club. At the end of the evening, as they light most favorable to
were heading toward his truck, she said that three Appellant, Appellant rea-
men confronted them, and one man threatened sonably believed his use of
her. Rodriguez testified that she feared for her force was immediately nec-
life. essary to protect himself
against Khans use or
Appellant then gave his version of what hap- attempted use of unlawful
pened. He testified that as they were returning to force, and Appellant pro-
his vehicle they encountered three men. He said duced his gun for the limited
that the men threatened him and his girlfriend. He purpose of creating an
said they threatened to grab her ass and F her apprehension that he would
if they wanted to, and that they would kick use deadly force if neces-
[his] ass. Appellant said that one of the men sary. We hold that under
stood up and came at him, so when Appellant Appellants version, his use
reached into his vehicle, he grabbed his gun and of a deadly weapon did not
told the men, Stop, leave us alone, get away constitute the use of deadly
from us. Appellant said that the police then force and that Appellant was
showed up, put him on the ground, and hand- not disqualified from receiv-
cuffed him. Appellant testified that after Khan ing a self defense instruction
threatened them, he and his girlfriend were notwithstanding the fact he
scared. Appellant denied saying I got something was charged with aggravat-
for you, and he denied pointing his gun at the ed assault with a deadly
men. Appellant testified that because Khan stood weapon. . . . Accordingly,
up and approached them in an aggressive manner, the trial court erred by not
and because he was disabled, he felt that he and submitting an instruction on
his girlfriend were in danger. Appellant said that self defense.
he drew his weapon in self defense.
Defense counsel asked the trial court for a self A defendant is entitled to a jury instruction on
self defense if the issue [of self defense] is raised
defense jury charge. He argued to the court that
there were two witnesses that got up and testi- by the evidence, whether that evidence is strong
or weak, unimpeached or contradicted, and
fied that they were threatened by Mr. Mohamad
Khan[,] . . . [and Appellant] got up and testified regardless of what the trial court may think about
himself that he did pull the weapon and that he the credibility of the defense. When reviewing a
trial courts decision denying a request for a self
did so because he felt threatened. The court
denied the self defense charge. The jury found defense instruction, we view the evidence in the
March/April 2018 www.texaspoliceassociation.com • 866-997-8282 17
